Wills in Hong Kong: How to Draft, Validate and Update Your Will

A will is the clearest way to decide who inherits your Hong Kong assets, who administers your estate, and who cares for your children if the worst happens. Without one, Hong Kong law decides for you, and the outcome is often not what you would have chosen.

This guide is written for the person making the will, not for the executor administering an estate later. It covers what makes a Hong Kong will valid, what to put in it, how to change it, the mistakes that most often cause disputes, and the particular issues that arise for expatriates and cross-border families. For what happens after death, we link to our dedicated guides at each point rather than repeat them here.

A will is a legal document that sets out how a person (the testator) wants their estate distributed after death, and who should carry that out (the executor). In Hong Kong, wills are governed by the Wills Ordinance (Cap. 30), which derives from the English Wills Act 1837 and sets the rules on capacity, execution, witnesses and revocation.

A will takes effect only on death and can be changed or revoked at any time before then. If a person dies without a valid will, the estate does not pass according to their wishes but under the statutory intestacy rules: we explain that intestate succession order under the Intestates’ Estates Ordinance (Cap. 73) separately, because a valid will is precisely what avoids it.

For a will to be admitted to probate in Hong Kong, it must satisfy the requirements of the Wills Ordinance on execution, capacity and age, and must be made freely.

Section 5(1) of the Wills Ordinance sets out the five formalities of a validly executed will:

No particular form of attestation clause is required, but a properly drafted one is standard practice. Where a document fails these formalities, the court has a limited power under section 5(2) to admit it if satisfied it embodies the testator’s testamentary intentions — illustrated in Choi Cheung Hung v Leung Fung Ha [2023] HKCFI 2822, where the Court of First Instance considered both a written document and a mobile phone note under this discretion, applying a standard of proof higher than the ordinary civil standard. Section 5(2) is a discretionary rescue, not a substitute for proper execution.

The testator must have testamentary capacity. Hong Kong applies the classic common-law test from Banks v Goodfellow (1870): the testator must understand the nature of making a will and its effects, understand the extent of the property being disposed of, and be able to comprehend and appreciate the claims of those who might expect to benefit, with no disorder of mind perverting their judgement.

Under section 4 of the Wills Ordinance, a testator must have reached the age of 18 to make a valid will. Section 4(2) provides limited exceptions: a married person, a person in actual military, naval or air force service, and a mariner or seaman at sea may make a valid will while under 18.

Even a properly executed will can be set aside if it was not the product of the testator’s free will. A will procured by undue influence (coercion overpowering the testator’s judgement), duress, or fraud can be challenged after death. Where someone who benefits substantially was instrumental in procuring the will, the court will scrutinise the circumstances carefully.

Five types of wills are recognised in Hong Kong, but not all are safe to use. The standard attested will is the norm; the rest are variations or narrow exceptions.

A well-drafted Hong Kong will covers six essential things:

The executor is the person you appoint to administer your estate: gathering the assets, paying the debts and distributing the rest. Choose someone trustworthy and capable, and name at least one alternate in case your first choice cannot act. The executor later applies for a grant of probate to obtain authority to act.

If you have children under 18, your will is where you appoint a guardian to care for them if both parents die, under the Guardianship of Minors Ordinance (Cap. 13). Discuss it with the proposed guardian first, and name an alternate.

You can leave specific assets to named people or charities: a sum of money, particular shares, jewellery, or a named property. Describe both the gift and the beneficiary precisely to avoid ambiguity after your death.

The residuary clause disposes of everything not covered by a specific gift. It is the single most important clause in a will: without it, whatever is left over (often the bulk of the estate) passes under the intestacy rules rather than under your wishes.

A will can record funeral and burial wishes, though these are not legally binding and may not be read in time, so tell your family separately. It can also deal with less conventional assets such as digital accounts and provide for the care of pets.

A will can be changed or revoked at any time while the testator has capacity. There are four modes of revocation, and one common misconception about divorce.

The usual way to change a will is to make a new one, which should contain an express revocation clause revoking all earlier wills. Under section 13(1), a will is revoked by a later will. For a minor change, a codicil (a supplement executed with the same formalities as a will) can be used, but a fresh will is often cleaner.

A will can be revoked by burning, tearing or otherwise destroying it, provided the testator does so (or directs it) with the intention of revoking. Accidental damage does not revoke a will, and if a will known to have existed cannot be found, there is a presumption it was destroyed with intent to revoke.

Marriage and divorce are treated very differently. A subsequent marriage automatically revokes an existing will, unless the will was made in contemplation of that marriage to a named person. Divorce, by contrast, does not revoke the will, but a gift to a former spouse generally lapses unless a contrary intention appears. These rules catch many people out, which is why a will should be reviewed on any change in marital status.

Handwritten changes made after execution are only valid if the testator and two witnesses sign next to the alteration (section 16(2)). Do not amend a signed will by crossing things out: make a codicil or a new will instead.

Most will disputes trace back to a handful of avoidable errors. The five that recur most often:

Five scenarios recur in Slotine’s cross-border practice and deserve specific attention when drafting:

A will is only useful if it can be found. The common options are:

• Storage with your solicitor — typically the safest and most accessible route after death, with a clear chain of custody.
• A bank safe deposit box — secure but adds a step after death: the Home Affairs Department has specific procedures for inspection of a deceased person’s safe deposit box and removal of a will.
• Home storage in a secure place — workable if truly secure and if the executor knows where to look.

Whichever you choose, tell your executor where the original is. A will that cannot be located is presumed revoked, and a copy is far harder to prove.

Once the testator dies, the focus shifts from making the will to administering the estate. In outline:

• The executor applies for a grant of probate and can follow our 23-step probate checklist for the sequence.
• Where there is no valid will, the next of kin apply for letters of administration instead.
• Where the priority order between applicants is contested, the Non-Contentious Probate Rules govern.
• If the will or the right to a grant is disputed, the tool is a caveat.